The South African-born tycoon, worth an estimated £15billion, won in court after a US jury dismissed Vernon Unsworth’s claim for £144million damages over the slurs. Mr Unsworth, 64, sued Mr Musk, 48, over tweets he sent during the rescue of 12 boys and their football coach from the flooded cave system in Thailand in July last year. Mr Unsworth had been one of the divers helping but became embroiled in an online spat with Mr Musk.
Mr Musk then questioned whether Mr Unsworth was actually involved in the rescue, called him “pedo guy” and told his 22 million followers “Bet ya a signed dollar it’s true.”
Although Mr Musk deleted the tweets and later apologised, he dared Mr Unsworth to sue. The caver did – but lost. Mr Unsworth, who splits his time between St Albans, Hertfordshire, and Thailand with his Thai partner of seven years, said he took the jury’s verdict “on the chin” and “just has to go back and get on with his life as best he can”.
But his lawyers said the verdict made it clear it was “open season” for defamatory comments online.
Solicitor Mark Stephens said: “We came 5,000 miles because Mr Musk challenged Vernon ‘Sue me or it’s true’. By the verdict we have got clear exculpation of Vernon, that’s what we came to do.
“We went toe-to-toe – Vernon did – with a billionaire bully, not many people have the courage to do that. It is now said by this jury that insults, however grave, however unpleasant, are completely open season on social media.”
Mr Unsworth’s US lawyer Lin Wood said: “This verdict sends a signal – and one signal only – that you can make any accusation you want to, as vile as it may be, as damaging as it may be, as untrue as it may be, and someone can get away with it. Regardless of the verdict, the message is loud and clear: It was a false allegation. This is a good man.”
Leaving a Californian court on Friday, financial adviser Mr Unsworth said: “I came here for the verdict. Unfortunately it didn’t go the way we wished. I respect the jury’s decision and would like to personally thank my lawyers who have been absolutely awesome.
“I just have to go back and get on with my life as best I can. I have to take it on the chin.”
Mr Musk, who said the verdict “restored his faith in humanity”, told the court he had not expected his tweet to be taken literally.
He claimed he had thought Mr Unsworth was “just some random creepy guy” who was “unrelated to the rescue”and “pedo guy” was a common insult where he grew up.
He apologised in court and the jury sided with him after lawyers argued the tweet was a playground insult and did not represent an actual allegation of paedophilia.
A future court hearing will decide if Mr Unsworth has to pay Mr Musk’s legal costs.